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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for a service retirement annuity of |
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certain members and annuitants of a public retirement system |
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convicted of certain felony offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 810.003, Government Code, |
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is amended to read as follows: |
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Sec. 810.003. CERTAIN ELECTED OFFICIALS AND PUBLIC |
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EMPLOYEES INELIGIBLE FOR RETIREMENT ANNUITY. |
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SECTION 2. Sections 810.003(b), (c), (e), (f), (g), (h), |
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and (k), Government Code, are amended to read as follows: |
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(b) This section applies only to a person who is: |
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(1) a member of the elected class of the Employees |
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Retirement System of Texas as described by Section 812.002(a)(1) or |
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(2); [or] |
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(2) [otherwise] eligible for membership in a public |
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retirement system wholly or partly because the person was elected |
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or appointed to an elected office, other than a member described by |
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Subdivision (1); or |
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(3) a member or annuitant of a public retirement |
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system employed by the associated governmental entity of the public |
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retirement system, other than a person described by Subdivision (1) |
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or (2). |
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(c) To the extent permitted under Section 66, Article XVI, |
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Texas Constitution, and consistent with a requirement that the |
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retirement system maintain the qualified status of the system's |
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benefit plan under Section 401(a), Internal Revenue Code of 1986, |
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and notwithstanding any other law and except [Except] as provided |
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by Subsection (d), a person [member of a public retirement system] |
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is not eligible to receive a service retirement annuity under the |
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retirement system if the person [member] is: |
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(1) described by Subsection (b)(1) or (2) and is |
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convicted of a qualifying felony committed while in office and |
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arising directly from the official duties of that elected office; |
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or |
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(2) described by Subsection (b)(3) and is convicted of |
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a qualifying felony described by Subsection (a)(2)(B) or conspiracy |
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or the attempt to commit a qualifying felony described by |
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Subsection (a)(2)(B) while employed by the associated governmental |
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entity and arising directly from the official duties related to |
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that employment. |
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(e) Not later than the 30th day after the conviction of a |
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person of a qualifying felony, the governmental entity [to] which |
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the person was elected or appointed to or is employed by must |
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provide written notice of the conviction to the public retirement |
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system in which the person participates [is enrolled]. The notice |
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must comply with the administrative rules adopted by the public |
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retirement system under Subsection (j). |
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(f) A person [member] who is ineligible to receive a service |
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retirement annuity under Subsection (c) is entitled to a refund of |
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the person's [member's] service retirement annuity contributions, |
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including interest earned on those contributions. A refund under |
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this subsection is subject to an award of all or part of the |
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person's [member's] service retirement annuity contributions to a |
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former spouse, including as a just and right division of the |
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contributions on divorce, payment of child support, or payment of |
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spousal maintenance or contractual alimony or other order of a |
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court. |
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(g) Benefits payable to an alternate payee under Chapter 804 |
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who is recognized by a qualified domestic relations order |
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established before the effective date of this subsection are not |
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affected by a person's [member's] ineligibility to receive a |
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service retirement annuity under Subsection (c). |
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(h) On conviction of a person [member] for an applicable [a] |
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qualifying felony: |
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(1) a court may, in the same manner as in a divorce or |
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annulment proceeding, make a just and right division of the |
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person's [member's] service retirement annuity by awarding to the |
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person's [member's] spouse all or part of the community property |
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interest in the annuity forfeited by the person [member]; and |
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(2) a court shall, if the person's [member's] service |
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retirement annuity was partitioned or exchanged by written |
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agreement of the spouses as provided by Subchapter B, Chapter 4, |
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Family Code, before the person's [member's] commission of the |
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offense, award the annuity forfeited by the person [member] to the |
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person's [member's] spouse as provided in the agreement. |
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(k) A court of this state shall notify the retirement system |
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of [the terms of] a conviction for an applicable qualifying felony |
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of a person [convicted of an offense] described by Subsection (c). |
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SECTION 3. Section 810.003, Government Code, as amended by |
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this Act, applies only to a member or annuitant of a public |
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retirement system who commits an offense on or after the effective |
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date of this Act. A member or annuitant of a public retirement |
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system who commits an offense before the effective date of this Act |
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is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |